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TOWN OF UNION
ROCK COUNTY, \MISCONSIN
ORDINANCE NO.2008-06
\ilIND ENERGY SYSTEMS LICENSING ORDINANCEH:\DOCS\021229\000005\00289352.DOCX
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TABLE OF'CONTENTS
Page
FTNDINGS
20.02 PURPOSE AND INTENT...
20.03 DEFINITIONS............
..............4
20.01
..................... 1l
............
20.04 LTCENSE REQUIRED FOR WIND ENERGY SYSTEM
ll
.......... 18
20.05 APPLICATION PROCEDURE FOR WIND ENERGY SYSTEM LICENSE ............... 18
20.06 APPLICATION AND LICENSING REQUIREMENTS AND STANDARDS.............. 19
20.07 CONSTRUCTION, OPERATION, MAINTENANCE, AMENDMENTS, AND
REQUIREMENTS
20.08 REIMBURSEMENT OF FEES AND COSTS.....
MISCELLANEOUS
................... 31
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...... 31
20.09 VIOLATIONS AND PENALTIES; COMPLAINTS AND MODIFICATION,
SUSPENSION OR REVOCATION OF
SEVERABILITY.......
20.11 EXPIRATION............
20.12 EFFECTIVE DATE...
20.10
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LICENSE
..................... 33
.............35
.............35
.............35
TOwl\ OF UNION
ORDINANCE NO.2008.06
WIND ENERGY SYSTEMS LICENSING ORDINANCE
RECITALS
WHEREAS, the Town of Union adopted a temporary stay on August 2,2007 concerning
the construction of large wind energy systems to give the Town time to research and develop an
appropriate ordinance.
$/HEREAS, the Town of Union appointed aLarge Wind Turbine Study Committee on
August 30,2007 to study wind energy systems and make written recommendations to the Plan
Commission on regulations to adopt.
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WHEREAS, the Large Wind Turbine Study Committee held 14 public meetings from
September 2007 through January 2008 to research the health and safety effects of large wind
turbines.
WHEREAS, the Large V/ind Turbine Study Committee prepared a SetbackRecommendation Report dated January 6,2008 and a draft Large Wind Systems Licensing
Ordinance (the "Ordinance") that was presented to the Plan Commission on January 31, 2008.
WHEREAS, on January 31, 2008 the Plan Commission requested the Town attomey
conduct a preliminary review of the draft Ordinance and provide comments to the Town Board.
The Town attomey provided such comments to the Plan Commission and Town Board on
February 25,2008. On March 6,2008, the Town Board requested that the Large Wind Turbine
Study Committee review and address the Town attorney's comments concerning the draft
ordinance. The Large Wind Turbine Study Committee submitted a revised draft Ordinance to
the Plan Commission on April 26,2008.
WHEREAS, the Plan Commission and Town Board held public hearings on
2008, June 5, 2008 and June 26, 2008 concerning the revised draft Ordinance.
llf.ay 29,
WHEREAS, reputable studies and research projects have been conducted regarding large
wind turbines.
WHEREAS, the Plan Commission, Town Board and Large Wind Turbine Study
Committee researched and reviewed many documents related to the siting of large wind turbines,
including but not limited to the following documents, reports and studies which documents have
been determined by the Town Board to be reasonably accurate, reliable and relevant to the health
and safety effects of large wind turbines:
Acoustic Ecology Institute, "AEI Special Report: Wind Energy Noise Impacts", Jluly7,
2 0 0 I, available at http ://www. acousticecolo ey. or g/srwind. html
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Alberts, Daniel, ooA Primer
for
Addressing Wind Turbine Noise", Lawrence
Technological University, November 20, 2005 .
Alves-Pereira, Mariana and Branco, Nuno A.A. Castelo. "In-home Wind Turbine Noise
is Conducive to Vibroacoustic Disease", Wind Turbine Noise Conference, September 20,
2007.
Bajdek, Christopher, "Communicating the Noise Effects of V/ind farms to Stakeholders",
Noise-Con 2007, October 22-24, 2007 .
ooGuidelines for Community Noise", World
Berglund 8., Lindvall, T. and Schwela D.,
Health Organization 1999, available at
http ://www.who. inldocstore/peh/noise/euidelines2.html
Burton, Tony, et al., "Vy'ind Energy Handbook",200l.
Caithness Windfarm Information Forum, available at
http ://www.caithnesswindfarms.co.uk/page4.htm
Department for Business Enterprise & Regulatory Reform, United Kingdom. "Onshore
Wind: Noise", 711712008, available at
htto ://www. berr. gov. uk/ener gy/sources/renewable/planning/onshore-
wind/noise/paee 1 872 8.html
French National Academy of Medicine, Report and Recommendations from Work
Group, "The Repercussions of V/ind turbine Operation on Human Health", March 14,
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2006.
Frey, Barbaru J. and Hadden, Peter J., "Noise Radiation from Wind turbines Installed
Near Homes: Effects on Health", February 2007.
Harding, Graham, et al. "Wind Turbines, Flicker, and Photosensitive Epilepsy:Charactenzing the Flashing that may Precipitate Seizures and Optimizing Guidelines to
Prevent Them", Epilepsia: 1 -4, 2008.
Harry, Amanda, MD. "Wind Turbines, Noise and Health", February 2007.
International Standards Organizaion, 1996-1971 Recommendations
Noise Limits.
for
Community
James, Richard. Testimony of Richard James, noise control consultant and acoustical
consultant, Tazewell County Illinois ZoningBoard of Appeals Hearing, May 1,2008.
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Kamperman, George and James, Richard, "simple Guidelines for Siting Wind turbines to
Prevent Health Risks", Noise-Con 2008, August 2,2008.
Kamperman, George and James, Richard, "The How To Guide to Criteria For Siting
Wind turbines to Prevent Health Risks From Sound", July 30, 2008.
Leventhall, Geoff; "A Review of Published Research on Low Frequency Noise and its
Effects", Department for Environment, Food and Rural Affairs, UK (2003).
Matilsky, Terry, http://xray.rutgers.edr/-matilsky/windmills/throw.html
(612012008)
National Research Council, National Academy of Sciences, "Environmental Impacts of
Wind Energy Projects", lllfay 2007.
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Meyers, Gerry, Daily Log of Living Next to Wind Turbines, available at
http ://www. betterplan. square space. com/the-brownsville-diary-wind-tu/
National V/ind Coordinating Commiuee, "Permitting of Wind Energy Facilities", 1998.
Pedersen, E., et a1., "WINDFARM perception Visual and Acoustic Impact of Wind
Turbine Farms on Residents, Final Report", June 3, 2008.
-
Pedersen, Eja and Person Waye, Kerstin, "Wind Turbine Noise, Annoyance and Self-
Reported Health and Well-being in Different Living Environments", Occup Environ
Med, Mary l, 2007, 64:480-486.
Pedersen, Eja, "Human Response to V/ind Turbine Noise
Moderating Factors", Goteburg University, 2007 .
-
Perception, Annoyance and
Pedersen, Eja, et al., "Noise Annoyance from Wind Turbines
Environmental Protection Agency Report 5308, August 2003.
-
a Review", Swedish
- Low Level Noise Sources
Research Letter Joumal 3 (January
Interfering with Restoration?" Environmental
March 2008), published January 11, 2008.
Pedersen, Eja and Persson Waye, Kerstin, "Wind Turbines
-
Pierpont, Nina, MD, PhD,"Health Effects of Wind Turbine Noise", March 2,2006'
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Pierpont, Nina MD, PhD, "Vy'ind Turbine Syndrome: Noise, Shadow Flicker and Health",
August 1,2006.
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Rogers, Anthony L., PhD., et al., "Wind Turbine Acoustic Noise White Paper",
University of Massachusetts Renewable Energy Research Lab, June 2002, amended
January 2006.
Soysal, H., "Wind Farm Noise and Regulations in the Eastern fJS", 2nd International
Meeting on Wind Turbine Noise, 912007
State of Wisconsin 2007 DraftModel Wind Ordinance and Reference Guide.
Stewart, John, "Location, Location, Location - An Investigation into Wind Farms and
Noise by the Noise Association", UK Noise Association, June 2006.
Town of Union Large Wind Turbine Study Committee Setback Recommendation Report,
January 6,2008.
Van den Berg, G.P., "Effects of the wind profile at night on wind turbine sound", Joumal
of Sound and Vibration Volume 277 (2004) 955-970.
Western Australian Planning Commission. "Guidelines for Wind Farm Development",
Planning Bulletin No. 67, ISSN 1324-9l42,May 2004.
World Health Organization Technical Meeting on Sleep and Health, Bonn Germany,22-
24 January 2004.
WHEREAS, the Plan Commission conducted six working meetings, in addition to time
devoted at regular Plan Commission meetings, to develop a final draft ordinance for
recommendation to the Town Board, and on October 30, 2008, recommended that the Town
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Board adopt this Ordinance.
NOW THEREFORE, based on the information concerning the health and safety effects
of large wind turbines on the community presented in the public hearings and in the reports and
documents reviewed and referenced herein, and based upon the recommendation of the Town
Plan Commission, the Town Board finds and ordains as follows:
20.01 FINDINGS
(a)
General Findings:
1.
Wind energy is a potential renewable and nonpolluting energy resource of the
Town of Union, and its conversion to electricity may reduce dependence on
nonrenewable, conventional energy sources and decrease the pollution that results
therefrom. However, wind energy facilities should be sited in a way that protects
the health and safety needs of the Town of Union residents residing near the large
wind turbines, as well as the general public.
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2. J. recommended standards for large wind
turbines from international organizations that have more experience with the use,
siting and installation of large wind turbines than the U.S.
4. Wind turbine accidents have occurred involving ice throws, blade disintegration,
fire and tower failure. According to the Caithness Windfarm Information Forum,
from 1999 through June 2008 there were over 500 accidents around the world,
including North America, involving ice throws, blade disintegration, fire and
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tower failure from large wind turbines.
5. If improperly
6.
(b)The regulation of the siting and installation of large wind turbines is necessary to
protect the health, safety and welfare of the residents of the Town of Union and
the general public. Adverse health and safety issues are likely to arise if
appropriate standards and setbacks are not followed in the siting and installation
of large wind turbines.
Heavy equipment used for the construction of large wind turbines can damage
local roads.
It is appropriate to consider as relevant
sited, wind energy systems produce electro-magnetic radiation that
can interfere with broadcast communications and signals.
Findings Regarding Wind Turbine Noise Impacts:
The Town of Union concludes that a) the sound pressure level ("SPL") of 50 dBA set
forth in the State of Wisconsin 2007 Draft Model Wind Ordinance does not adequately
protect town residents from the adverse health effects associated with large wind turbine
noise; and b) a maximum outside audible SPL of 35 dBA or 5 dBA over ambient,
whichever is lower, in the Town of Union is necessary to protect residents from the
adverse health effects associated with large wind turbine noise, based on the following
findings:
1. Large wind turbines are significant sources of noise, which, if improperly sited,
can negatively impact the health of residents, particularly in areas of low ambient
noise levels.
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2. Large wind turbines emit two types of noise -- 1) Aerodynamic noise from the
blades passing through the air, which can generate broadband noise, tonal noise
and low frequency noise; and 2) Mechanical noise from the interaction of the
turbine components. A dBA scale is commonly used to measure audible wind
turbine noise. Low frequency noise from large wind turbines is not adequately
measured with a dBA weighting. For a better assessment of the health effects
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from low frequency noise, the V/orld Health Organization ("WHO")
using a dBC weighting. (see Rogers 112006; Alberts
1112012005;
wHo
suggests
1999)
J. Noise is an annoyance that can negatively impact health, producing negative
effects such as sleep disturbance and deprivation, stress, anxiety and fatigue.
WHO def,rned annoyance as a feeling of displeasure associated with any agent or
condition believed by an individual to adversely affect him or her. According to
WHO, health should be regarded as a state of complete physical, mental and
social wellbeing, and not merely the absence of disease or infirmity. Under this
dehnition, noise has a significant impact on the quality of life and noise
annoyance is an adverse health effect. (See WHO 1999, Ch. 3.7; Dr. Harry
212007; Pedersen & V/aye 2127108)
4. Large wind turbines create a noise annoyance that can hinder physical and mental
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healing and can cause adverse health effects associated with sleep disturbance and
deprivation, psychological distress, Stress, anxiety, depression, headaches, fatigue,
tinnitus and hypertension. Wind turbine noise can affect each person differently.
Some people are unaffected by wind turbine noise, while others may developadverse health effects from the same noise. At low frequencies, wind turbine
noise may not be heard but rather is felt as a vibration. Medical research reported
complaints from people who felt the noise from large wind turbines, similar to
symptoms that can be associated with virbroacoustic disease. (See Pedersen et al
3lIl 2007, 812003, IlIll2008 and 61312008; Pedersen 2007; Mariana Alves-
Pereira and Nuno Castelo Branco 912012007; WHO 1999; Kampennan & James;
reports by Dr. Pierpont, Dr. Harry and Dr. Leventhal)
5. The risk for adverse health effects resulting from noise annoyance such
as
headaches, stress, anxiety, fatigue, depression, pain and stiffness, and decreased
cognitive ability associated with sleep deprivation from wind turbine noise
increases with increasing A-weighted sound pressure levels. According to wind
turbine noise studies, few respondents were disturbed in their sleep by wind
turbine noise at SPL less than 35 dBA; however, at SPL greater than 35 dBA
respondents \/ere increasingly disturbed in their sleep by wind turbine noise. (See
Pedersen et aL61312008 and 812003)
6.
Wind turbine noise greater than 5db over ambient increases the risk for adverse
health effects because a change of 5 dB is clearly noticeable. (See Kamperman
and James)
7.
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Studies show that prolonged exposure to wind turbine noise resulted in adverse
health effects at SPLs below those from other sources of community noise, such
as road trafhc noise. Sound generated by wind turbines has particular
characteristics and creates a different type of noise having different health impacts
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than compared to urban, industrial or commercial noise. (See Pedersen et al
61312008 and 8/2003; Soysal2007)
8.
Living in a rural environment, in comparison with a suburban area, increases the
risk of residents being impacted by noise from nearby large wind turbines because
of the low ambient SPL in rural environments. (See Pedersen and Waye,
31112007, p. a85)
9.
10.
11.
The International Standards Organization recommended community noise limits
for rural areas be set at a SPL of 35 dBA during the day, 30 dBA during the
evening and 25 dBA at night. (See Table 9: ISO 1996-1971 Recommendations
for Community Noise Limits as cited by Acoustic Ecology Institute and Daniel
Alberts of Lawrence Technological University)
Eye-witnesses living near newly-constructed large wind turbines in the Town of
Byron, Fond du Lac County, WI testified at the public hearing held by the Town
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of Union Plan Commission that they currently experience adverse health effects
from the wind turbine noise such as sleep deprivation and disturbance, headaches,
nausea and dizziness. The SPL from the wind turbines in the Town of Byron is
greater than 45 dBA at their residences and can be heard inside of their housesand outside in their yards.
Two Plan Commissioners visited the newly constructed wind turbines in the
Town of Byron, Fond du Lac County, WI in June 2008 and confirmed that the
wind turbines were a significant source of noise. Doug Zweizig went to Geny
Meyer's home that was approximately 1500 feet from the wind turbines and noted
that the turbines sounded like a jet airplane when describing the quality and
intensity of the sound. Dave Pestor spoke with residents, farmers and a sheriffs
deputy in the area who all stated that the turbines were noisy. Mr. Pestor also
visited Gerry Meyer's home and took sound measurements from the wind
turbines. The sound measured between 57 to 67 dBA on June 6-7, 2008. Mr.
Pestor took sound measurements from several wind turbines in the area. The
lowest sound measurement was 48 dBA and the highest was 69 dBA. Wind
Committee members, Jim and Cathy Bembinster visited the Monfort, WI wind
turbines in August 2007 and measured the sound levels to be between 48 to 53
dBA and 62-73 dBC. They also found two pieces of broken blades, with the tip
of the blade being as big as the hood of a truck. The Bembinsters visited Monfort
again in November2}}7 and measured the sound above 50 dBA and 65 dBC.
However, experiences vary. Kim Gruebling visited wind turbine sites in Byron
township, Lincoln township and Monfort and found that overall people were
satisfied with the turbines. Two issues that Mr. Gruebling noted were 1) tensions
between landowners profiting from the wind turbines and those landowners who
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did not, and 2)the poor conditions of roads following the installation of the
turbines. Doug Lee visited wind farms in Iowa. Mr. Lee estimates that
approximately 60Yo of the people he spoke with had positive opinions of the wind
turbines and approximately 40Yo of the people he spoke with had negative
opinions of the wind turbines. Eric Larsen went to a wind farm south of
Rockford, IL. No one was available to talk so he walked around the area. It was
a nice day and windy. Mr. Larsen noticed that the windows in the homes
surrounding the site were all closed and no one was outside. He stated the noise
was similar to a plane going overhead. He stood under a tower and did not feel
any unease.
12.
In order to reduce the risk of negative health impacts from large wind turbine
noise, acoustical engineers George Kamperman and Richard James recommend
a) audible sound limits based on pre-existing background sound levels plus a 5dB
allowance for wind turbine noise or b) SPL not to exceed 35 dBA within 100 feet
of any occupied structure, whichever is lower; and c) a dBC limit not to exceed 20
dB above ambient background levels. These sound levels are in line with
numerous published guidelines such as the sound limits proposed by the United
Kingdom Business Enterprise and Regulatory Reform Department, which suggest
for quiet, rural areas and low noise environments, the outside levels of the L 490,
l0 min. of wind farm noise should be limited to an absolute level of 35 - 40 dBA.
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(See Kamperlnan & James; United Kingdom Business Enterprise & Regulatory
ooOnshore
Wind: Noise" 711712008)
Reform Department document(c)
Findings Regarding Setback Distances from Wind Turbines:
The Town of Union concludes that a) the setbacks set forth in the State of Wisconsin
2007 DraftModel Wind Ordinance are not based on empirical evidence relating to health
effects and do not adequately protect town residents from the impacts of large wind
turbines; and b) a setback of 2640 feet from large wind turbines to the nearest residence
or other inhabited structure is necessary to protect the health and safety of Town of Union
residents, based on the following findings:
l.
Minimum setbacks from dwellings are necessary to mitigate noise impacts not
predicted with sound models. Pre-construction sound models fail to accurately
predict wind turbine noise impacts due to factors such as atmospheric conditions,
temperature inversions, wind layers, geography and low frequency noise which
travels further with less loss of intensity than higher frequency noise. In addition,
at night when air stabilizes, wind turbine noise can travel further than expected
and can be 5-15 db(A) louder than predicted. (See Kamperman & James;
Acoustic Ecology Institute Special Report: Wind Energy Noise Impacts 2008)
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2.
A
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dBC requirement is needed to minimize adverse health effects from low
frequency noise. A dBC requirement will likely result in setbacks between large
wind turbines and nearby dwellings of lkm (.62 miles) or greater for 1.5 to 3 MV/
wind turbines if wind turbines are located in rural areas where L90A background
levels are 30 dBA or lower. (See Kampenan & James; WHO 1999; Bajdek
Noise-Con 2007; Pedersen and'Waye
J.
lllll2008)
Noise diminishes with distance. According to a sound propagation formula in the
Wind Turbine Acoustic Noise White Paper by the University of Massachusetts
Renewable Energy Research Lab, a SPL of 35 dBA is reached at approximately %
mile from a wind turbine based on a sound power at I02 dBA at hub height as
applied to a 1.5 3 MW wind turbine. Therefore, at a distance of less than %
mile, a wind turbine will create a SPL that exceeds safe levels. (See Rogers pg.
l8 Figure l1; Burton 2001)
-
Wind Turbine Sound Propagation at the example
of 102 dBA sound power at hub
dBA reduction -6 per
Distance in Ft. doublino of distance
102 dBA
1
2
4
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I
16
32
64128
256
512
1024
2048
4096
8192
16384
32768
65536
131072
96 dBA
90 dBA
84 dBA
78 dBA
72 dBA
66 dBA
60 dBA
54 dBA
48 dBA
42 dBA
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36 dBA
30 dBA
24 dBA
18 dBA
12 dBA
6 dBA
O dBA
While this model of sound propagation is descriptive of the noise generated by the
machinery at the hub, the noise produced by the turbine blades is not accounted
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for in this model and has been found to travel fuither. Therefore, this ordinance
requires siting based not only on set-backs, but also on sound studies.
4. The closer people live to wind turbines the more likely they will experience noise
annoyance or develop adverse health effects from wind turbines' noise. Further,
the degree of diffrculties resulting from the sound of wind turbines seems clearly
related to the distance from the turbines, though the literature has studied a variety
of turbine sizes in a variety of locations. A setback of 2640 feet from dwellings
would eliminate most noise complaints. Research conducted by Christopher
Bajdek showed that at approximately 0.8 kr (ll2 mile) from wind turbines,44Yo
of the population would be considered highly annoyed from wind turbine noise.
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At a distance of approximately 1.62 km (1 mile) from wind turbines, the percent
of highly annoyed people is expected to drop to 4o/o. George Kamperman and
Richard James reviewed several studies to determine the impact of wind turbine
noise on nearby residents. Their review showed that some residents living as faras 2 miles complained of sleep disturbance from wind turbine noise and many
residents living 1000 feet from wind turbines experienced major sleep disruption
and other health problems from nighttime wind turbine noise. G.P. Van den Berg
studied a wind farm in northwestern Germany and discovered that residents living
500 m (1640 feet) from the wind turbines reacted strongly to wind turbine noise
and residents up to 1900 m (1.18 miles) distance expressed annoyance. A survey
conducted by Pedersen and Waye revealed that less than l\Yo of the respondents
experienced sleep disturbance at distances of 1,984 feet to 3,325 feet and found
that the sound from wind turbines was of greater concem in rural environments
because of the lower ambient noise. (Bajdek, Noise-Con 2007; Van den Berg
2004; Pedersen & Waye 2127108; Kamperman & James)
5. Eye-witnesses from the Town of Byron, Fond du Lac County, who testified at the
public hearing held by the Town of Union Plan Commission live 1 ,1 00 feet to 3/q
mile from large wind turbines and they currently experience adverse health effects
from wind turbine noise such as insomnia, headaches, nausea, and dizziness. (See
Geny Meyer's daily log)
6.
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I
Documents reviewed recommend wind turbines should be located between
ll2 mile to over I mile from dwellings. To avoid adverse noise impacts, the
Western Australia Planning Commission Bulletin recommends that wind energy
systems include sufficient buffers or setbacks to dwellings of 1 km (.62 mile). The
National Wind Collaborating Committee stated that an appropriate setback
distance may be up to ll2 mile. The National Research Council stated noise
produced by wind turbines generally is not a major concern for humans beyond
Il2 mile or so because various measures to reduce noise have been implemented
in the design of modern turbines. The Wisconsin towns of Woodville, Clay
Banks, Magnolia, V/ilton and Ridgeville recently adopted large wind turbine
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10
with setbacks of ll2mile from dwellings. The French National
Academy of Medicine and the UK Noise Association suggest a 1.5 km
(approximately I mile) distance between large wind turbines and dwellings.
ordinances
Dr. Amanda Harry, Dr. Nina Pierpont, and Frey and Hadden recommend a
setback greater than 1 mile. (See UK Noise Association 612006; French National
Academy of Medicine 311412006; reports by Dr. H*y, Dr. Pierpont, and Frey
and Hadden; NWCC 1998, NRC report 512007)
7.
8.
9.
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Adverse health effects from wind turbine noise can be exacerbated by the rotating
blades and shadows from the wind turbines. As wind turbine blades rotate in
sunny conditions, they cast strobe-like shadows on the windows of nearby homes
and buildings causing shadow flicker that cannot be avoided by occupants.Shadow flicker can cause some people to become dizzy, nauseated or lose their
balance when they see the movement of the shadow. Shadow flicker from wind
turbines at greater than 3Hz poses a potential risk of inducing photosensitive
seizures. Therefore, wind turbines should be sited such that shadows from wind
turbine blades do not fall upon the windows of nearby dwellings or within 100
feet of dwellings for any considerable period. The Wind Energy Handbook
recommends a setback of 10 rotor diameters to avoid shadow flicker on occupied
structures. (See Acoustic Ecology Institute special report 2008; Burton 2001; UK
Noise Association 612006, Graham Harding 2008 and Dr. Nina Pierpont 31212006
andBl112006)
If
placed too close to a road, the movement of the wind turbine blades and
resulting shadow flicker can distract drivers and lead to accidents. (See NRC May
2007 report,pg.263)
Wind turbines have been known to throw ice and debris from the turbine blades.
According to Professor Teny Matilsky from the Department of Physics and
Astronomy at Rutgers University, ice throws from large wind turbines can reach
up to a distance of 1750 feet and blade throws can reach 2500 feet.
20.02 PURPOSE AND INTENT
Based upon the findings stated above, it is the intended purpose of the Town to regulate Wind
Energy Systems to promote the health, safety, and general welfare of the citizens of the Town
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and to establish reasonable and uniform regulations for the operation thereof so as to minimize
potentially dangerous effects of Wind Energy Systems on the community.
20.03 DEFINITIONS
The following terms have the meanings indicated:
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(a) Aerodynamic Sound means a noise that is caused by the flow of air over and past the
blades of a WES.
(b) Ambient Sound. Ambient noise encompasses all sound present in a given environment,
being usually a composite of sounds from many sources near and far. It includes
intermittent noise events, such as, from aircraft flying over, dogs barking, wind gusts,
mobile farm or construction machinery, and the occasional vehicle traveling along a
nearby road. The ambient also includes insect and other nearby sounds from birds and
animals or people. The near-by and transient events are all part of the ambient sound
environment but are not to be considered part of the background sound. If present, a
different time or location should be selected for determining the L90 background sound
levels.
(c) Anemometer means a device for measuring the speed and direction of the wind.
(d) Applicant means the individual or business entity that seeks to secure a license under this
Ordinance.
(e) A-Weighted Sound Level (dBA). A measure of over-all sound pressure level designed to
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reflect ih" tesponse of the human ear, which does not respond equally to all frequencies.
It is used to describe sound in a manner representative of the human ear's response. It
reduces the effects of the low with respect to the frequencies centered around 1000 Hz.
The resultant sound level is said to be A-weighted and the units are dBA. Sound levelmeters have an A-weighting network for measuring A-weighted sound levels (dBA)
meeting the characteristics and weighting specified in ANSI Specifications for
Integrating Averaging Sound Level Meters, 51.43-1997 for Type I instruments and be
capable of accurate readings (corrections for internal noise and microphone response
permitted) at 20 dBA or lower.
( Background Sound (L90) refers to the sounds that would normally be present at least
90%o of the time. Background sounds are those heard during lulls in the ambient sound
environment. That is, when transient sounds from flora, fauna, and wind are not present.
Background sound levels vary during different times of the day and night. Because a
V/ES operates 2417, the background sound levels of interest are those during the quieter
periods which are often the evening and night. Sounds from near-by birds and animals or
people must be excluded from the background sound test data.
Background sound level (dBA and dBC (as L90)) is the sound level present for at least
90% of the time during a period of observation that is representative of the quiet time for
the soundscape under evaluation and with duration of ten (10) continuous minutes.
Several contiguous ten (10) minute tests may be performed in one hour to determine the
statistical stability of the sound environment. Longer term tests, such as 24 hours or
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multiple days are not appropriate since the purpose is to define the quiet time background
sound level. It is defined by the L90A and L90C descriptors. It may be considered to be
the quietest one (1) minute during a ten (10) minute test. L90A results are valid only
when L10A results are no more than 10 dBA above L90A for the same time period.
Ll0C less L90C should not exceed 15 dBC to be valid.
Measurement periods such as at dusk when bird and insect activity is high or the early
morning hours when the 'dawn chorus' is present are not acceptable msasurement times.
Further, background L90 sound levels documenting the pre-construction baseline
conditions should be determined when the ten minute average wind speed is 2 meters per
second (4.5 mph) or less at the ground level/microphone location.
(e) Blade Passage Frequency (BPF) means the frequency at which the blades of a turbine
pass a particular point during each revolution (e.g. lowest point or highest point in
rotation) in terms of events per second. A three bladed turbine rotating at 28 rpm would
: l.4Hz
have a BPF of l. Wz. tE.g. ((3 blades times 28rpm)/60 seconds per minute
BPF)l
(h) C-Weiehted Sound Level
(dBC). Similar in concept to the A-Weighted sound Level
(dBA) but C-weighting does not de-emphasize the frequencies below lkHz as
A-weighting does. It is used for measurements that must include the contribution of low
frequencies in a single number representing the entire frequency spectrum. Sound level
meters have a C-weighting network for measuring C-weighted sound levels
(dBC)meeting the characteristics and weighting specified in ANSI S1.43-1997
Specifications for Integrating Averaging Sound Level Meters for Type 1 instruments.
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(
Decibel (dB). A dimensionless unit which denotes the ratio between two quantities that
are proportional to power, energy or intensity. One of these quantities is a designated
reference by which all other quantities of identical units are divided. The sound pressurelevel (Lp) in decibels is equal to 10 times the logarithm (to the base 10) of the ratio
between the pressure squared divided by the reference pressure squared. The reference
pressure used in acoustics is 20 MicroPascals.
Distance attenuation. Means the reduction of a sound or attenuation by distance. The
effect of distance attenuation depends on the type of sound sources. Most sounds or
noises we encounter in daily life are from sources which can be chaructezed as either
point or line sources. If a sound source produces spherical spreading of sound in all
directions, it is a point source. For a point source, the noise level decreases by 6 dB per
doubling of distance from the source. If the sound source produces cylindrical spreading
of sound such as a stream of mtor vehicles on a busy road at a distance, it may be
considered as a line source. For a line source, the noise level decreases by 3 dB per
doubling of distance from the source.
CI)
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(k) Frequency. The number of oscillations or cycles per unit of time. Acoustical frequency is
usually expressed in units of Hertz (Hz) where one Hz is equal to one cycle per second.
(l) Good Utility Practice. Means any of the practices, methods and acts with respect to the
safe operation of a WESF engaged in or approved by a significant portion of the electric
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utility industry and, in particular, those portions of the industry with experience in the
construction, operation and maintenance of wind turbines during the relevant time period;
or any of the practices, methods and acts which, in the exercise of reasonable judgment in
light of the facts known at the time the decision is made, could be expected to accomplish
the desired result at a reasonable cost consistent with good business practices, reliability,
safety and expedition. Good Utility Practice is not intended to be limited to the optimum
practice, method or act to the exclusion of all others, but rather to be acceptable practices,
methods or acts generally accepted in the region.
(m) Health means a state of complete physical and mental well being, not merely the absence
of disease or inhrmity. This definition was adapted from the World Health Organization
definition of health in "Guidelines for Community Noise", pages 19 and20.
(") Height means the total distance measured from the grade of the property as existed prior
to the construction of the wind energy system, facility, tower, turbine, or related facility
at the base to its highest point.
(o) l/rertz
(p) Impulsive Sound refers to short-term acoustical impulses typically lasting less than one
second each. It may be the only sound emitted from a noise source or it may be a
component of a more complex sound. For evaluation of wind turbines, impulsive sound
includes swishing or thumping sounds.
(q) INCE means Institute of Noise Control Engineers. The Institute of Noise Control
Engineering of the USA ("INCEruSA") is a nonprofit professional organization
incorporated in Washington, DC. A primary purpose of the INCEruSA is to promote
engineering solutions to environmental, product, machinery, industrial and other noise
(ftz\.
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Frequency of sound expressed by cycles per second.
problems. INCE/USA is a Member of the Society of the International Institute of Noise
Control Engineering, an international consortium of organizations with interest in
acoustics and noise control.G)
Infra-Sound. Sound with energy in the frequency range of 20 Hz and below is considered
to be infrasound is normally considered to not be audible unless in relatively high
amplitude. The most significant exterior noise-induced dwelling vibration occurs in the
frequency range between 5 Hz and 50 Hz. Moreover, even levels below the threshold of
audibility can still cause measurable resonances inside dwelling interiors. Conditions that
support or magnify resonance may also exist in human body cavities and organs under
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certain conditions, although no specific test for infrasound is provided in this document,
its presence will be accounted for in the comparison of dBA and dBC sound levels for the
complaint test provided later in this document. See low-frequency sound (LFN) for more
information.
(s)
Low Frequency Sound (LFN) refers to sounds with energy in the lower frequency range
of 20 to 200 Hz. LFN is deemed to be excessive when the difference between a C-
weighted sound pressure level and an A-weighted sound pressure level is greater than20
decibels at any measurement point outside or inside a noise sensitive receptor site,
residence, or other occupied structure. E.G. C-A>20 dB.
(t) Measurement Point (MP) means location where sound and/or vibration measurements are
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taken such that no significant obstruction blocks sound and vibration from the site. The
Measurement Point should be located so as to not be near large objects such as buildings
and in the line-of-sight to the nearest turbines. Proximity to large buildings or other
structures should be twice the largest dimension of the structure, if possible.
(u) Measurement of Wind Speed. For measurements conducted to establish the background
sound pressure levels (dBA, dBC, L90 10 min, and etc.) the wind speed at the
microphone's Measurement Point shall average 2mls (4.5mph) or less for valid
background measurements. For valid measurements conducted to establish the post-
construction sound level the wind speed at the microphone's Measurement Point shall not
exceed 4 mls (9 mph) average and the wind speed at the V/ES blade height shall be at or
above the nominal rated wind speed. For purposes of enforcement, the wind speed and
direction at the WES blade height shall be selected to reproduce the conditions leading to
the enforcement action while also restricting wind speeds at the microphone to 4 m/s
(9 mph).
For purposes of models used to predict the sound levels and sound pressure levels of the
WES to be submitted with the Application, the Wind Speed shall be the speed that will
result in the worst-case dBA and dBC sound levels in the community adjacent the nearest
V/ES. For the purpose of constructing the model the wind direction shall consider the
dominant wind direction for the seasons from the late Spring to early Fall. If other wind
directions may cause levels to exceed those of the predominant wind direction at nearby
sensitive receptors, these levels and conditions shall be included in the Application.
(v) Mechanical Noise means sound produced as a byproduct of the operation of the
mechanical components of a WES(s) such as the gearbox, generator and transfonners.
( Noise means any unwanted sound. Not all noise needs to be excessively loud to represent
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an annoyance or interference.
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15(x) Non-Participating Parcel means a parcel of real estate that is neither a Project Parcel nor a
Participating Parcel.
(V) Occupied Structure means a building in which people live, work or frequent.
(r) Participating Parcel means a parcel of real estate that is not a Project Parcel, but is subject
to an agreement between the owner and applicant allowing the construction of all or part
of a WESF closer to a Participating Parcel property line or structure on the Participating
Parcel than would be permitted under this Ordinance in the absence of such an
agreement. To qualiff as a Participating Parcel, the agreement between the owner and
the applicant must be approved by the Town Board under this Ordinance.
(aa) Project Boundary means the boundaries of the WESF as shown on the site plan submitted
to and approved by the Town in accordance with this Ordinance.
(bb) Project Parcel or Project Parcels means the parcel or parcels of real estate on which all or
any part of a WESF will be constructed.
(cc) Property Line means the recognized and mapped property parcel boundary line.
(dd) Pure Tone. A sound for which the sound pressure is a simple sinusoidal function of the
time, and characterized by its singleness of pitch. Pure tones can be part of a more
complex sound wave that has other characteristics.
(ee) Oualified Independent Acoustical Consultant. Qualifications for persons conducting
baseline and other measurements and reviews related to the application for a WES or for
enforcement actions against an operating WES include, at a minimum, demonstration of
competence in the specialty of community noise testing and Full Membership in the
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Institute of Noise Control Engineers (INCE). Certifications such as Professional Engineer
(P.8.) do not test for competence in acoustical principles and measurement and are thus
not, without further qualification, appropriate for work under this Ordinance. The
Independent Qualified Acoustical Consultant can have no direct or indirect financial or
other relationship to an Applicant.
(f
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Sensitive Receptor means places or structures intended for human habitation, whether
inhabited or not, public parks, state and federal wildlife areas, the manicured areas of
recreational establishments designed for public use, including but not limited to golf
courses, camp grounds and other nonagricultural state or federal licensed businesses.
These areas are more likely to be sensitive to the exposure of the noise, vibration, shadow
or flicker, etc. generated by a WES or WESF. These areas include, but are not limited to:
schools, daycare centers, elder care facilities, hospitals, places of seated assemblage, non-
agricultural businesses and residences.
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(gg) Sound. A fluctuation of air pressure which is propagated as a wave through air
(hh) Sound Power. The total sound energy radiated by a source per unit time. The unit of
measurement is the watt. Abbreviated as Lw. This information is determined for the WES
manufacturer under laboratory conditions specihed by IEC 61400-11 and provided to the
local developer for use in computer model construction. It cannot be assumed that these
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values represent the highest sound output for any operating condition. They reflect the
operating conditions required to meet the IEC 61400-11 requirements. The lowest
frequency is 50 Hz for acoustic power (Lw) requirement in IEC 61400-11. This
Ordinance requires wind turbine certified acoustic power (Lw) levels at rated load for thetotal frequency range from 6.3 Hz to 10k Hz in one-third octave frequency bands
tabulated to the nearest 0.1 dB. The frequency range of 6.3 Hzto 10kHz shall be used
throughout this Ordinance for all sound level modeling, measuring and reporting.
(i Sound Pressure. The instantaneous difference between the actual pressure produced by a
sound wave and the average er barometric pressure at a given point in space.
CIj) Sound Pressure Level (SPL).20 times the logarithm, to the base 10, of the ratio of the
pressure of the sound measured to the reference pressure, which is 20 micronewtons per
square meter. In equation form, sound pressure level in units of decibels is expressed as
SPL (dB) :2}logplpr.
(kk) Spectrum. The description of a sound wave's resolution into its components of frequency
and amplitude. The WES manufacturer is required to supply a one-third octave band
frequency spectrum of the wind turbine sound emission at 90Yo of rated power. The
published sound spectrum is often presented as A-weighted values. This information is
used to project the wind farm sound levels at all locations of interest. Confirmation of the
projected sound spectrum can be determined with a small portable one-third octave band
frequency (spectrum) analyzer. The frequency range of interest for wind turbine noise is
approximately 10 Hzto 10k Hz.
(11) Statistical Noise Levels. Sounds that vary in level over time, such as road traffic noise
and most community noise, are commonly described in terms of the statistical
exceedance levels LAN, where LAN is the A-weighted sound pressure level exceeded for
N% of a given measurement period. For example, L10 is the noise level exceeded for
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10% of the time. Of particular relevance, are: LA10 and LC10 the noise level exceed for
l0o/o of the ten (10) minute interval. This is commonly referred to as the average
maximum noise level. LA90 and LC90 the noise level exceeded for 90Yo of the ten (10)
minute sample period. The L90 noise level is described as the average minimum
background sound level (in the absence of the source under consideration), or simply the
background level. Leq is the frequency-weighted equivalent noise level (basically the
average noise level). It is defined as the steady sound level that contains the same amount
of acoustical energy as the corresponding time-varying sound.
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(rrun) Tonal Sound (sometimes referred to as Pure Tone). A sound for which the
sound
pressure is a simple sinusoidal function of the time, and characterized by its singleness
pitch. Tonal sound can be simple or complex.
of
(nn) Wind Energy Systems (WES) means equipment that converts and then transfers energy
from the wind into usable forms of energy on a large, industrial scale for commercial or
utility purposes. Small scale wind systems of less than 170 feet in height with a 60-foot
rotor diameter and a nameplate capacity of less than 100 kilowatts or less are exempt
from this definition and the provisions of this Ordinance.
(oo) Wind Energy Systems Facilitv or Facility or WESF means all of the land and equipment
used by the Wind Energy System and its support facilities including the wind turbine,
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tower, access roads, control facilities, meteorological towers, maintenance and all power
collection and transmission systems.
(pp) Wind Energy Systems Facility Lisense or WESF License means a license to construct
and operate a Wind Energy System issued by the Town of Union in accordance with thisOrdinance.
(qq)
Wind Turbine or Turbine (WTi) means a mechanical device which captures the kinetic
energy of the wind and converts it into electricity. The primary components of a wind
turbine are the blade assembly, electrical generator and tower.
20.04 LICENSE REQUIRE,D F'OR WIND ENERGY SYSTEM
No Wind Energy System under 100 MW shall be constructed or operated in the Town without
first obtaining a WES License in accordance with this Ordinance.
20.05 APPLICATION PROCEDURE F'OR WIND ENERGY SYSTEM LICENSE
(a) Applications for a WES License shall be submitted to the Town Clerk. The application
shall include a completed application form as provided by the Town Clerk, and shall
include all of the information, documents, plans, deposits and other things required to be
submitted with an application under section 20.06 a preliminary cost-sharing agreement
pursuant to section 20.07(c), and the payment required by section 20.07(b).
(b) The Town Board shall, with assistance from such staff, consultants, committees or
commissions as it deems appropriate, determine whether the application is complete and
contains all of the materials, information, agreements, deposits and payments required to
be submitted with an application under sections 20.06 and20.07. If an application is not
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complete, the applicant shall be so advised, and no further action shall be taken by the
Town until a complete application is received.
(c)
After the Town Board determines that an application is complete, the Town Board shall
determine whether the application meets all requirements of this Ordinance. In
determining whether the application meets the requirements of this Ordinance, the Town
Board may obtain assistance from such staff and consultants as it deems appropriate. The
Town Board shall process the application as soon as reasonable and feasible, given the
complexity of the application, other business facing the Town, staff and other resources,
questions that arise during the review process, and other matters affecting the time
needed to complete the review process.
(d)
an application is complete and meets all requirements of this Ordinance, and the
applicant has paid all fees and costs pursuant to section 20.07 of this Ordinance, the
Town Board shall approve a WES License for the WESF, subject to the execution of a
WESF licensing agreement pursuant to this Section. If an application does not meet all
requirements of this Ordinance or the applicant has not paid all fees and costs pursuant to
sejtion 20.07, the Town Board may deny the application or approve the application with
conditions that will assure compliance with this Ordinance. If an application is approved
with conditions, a V/ES License for the WESF shall be issued when all conditions of
If
approval have been satisfied.
(e) The Town Board shall require an applicant to enter into a S/ESF licensing agreement
with the Town as a condition of approving a WESF License. The WESF licensing
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agreement shall include all provisions deemed appropriate by the Town to assure that the
WESF is constructed and operated, and that all fees, costs and sureties are paid and
provided, as required by the Town Board and by this Ordinance.
( If a WESF is not constructed within30 months after a license is issued, the license shall
expire.
20.06 APPLICATION AND LICENSING REQUIREMENTS AND STANDARDS
(a)
Sound Modeling, Sound Standards and Sound-Related Enforcement Procedures.
1.
Applicant's PreJicensing Sound Studies and Modeling. An application for a
WESF License shall include a sound prediction model that includes the
information and meets the requirements in section 20.06, and in the Appendix to
this ordinance:
Information regarding the make and model of the turbines, Sound Power Levels
(Lw) for each one-third octave band from 6.3H2 up through 10,000 Hz, anda
projection showing the expected dBA and dBC sound levels computed using the
.
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one-third octave band sound power levels (Lw) with appropriate corrections for
modeling and measurement accuracy tolerances and directional pattems of the
WTi for all areas within and to one (l) mile from the project boundary for the
wind speed, direction and operating mode that would result in the worst case V/Ti
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sound emissions.
The prediction model shall assume that the winds at hub height are sufficient for
the highest sound emission operating mode even though the enforcement tests
will be with ground level winds of l0 mph or less. This is to accommodate
enforcement under weather conditions where there is significant difference in the
wind speed between ground and hub heights. This condition often occurs during
summer evenings when wind shear is affected by the reduction in solar heating of
the earth's surface between sunset and sunrise.
The projection may be by means
of computer model but shall include a
description of all assumptions made in the model's construction and algorithms. If
the model does not consider the effects of wind direction, geography of the
terrain, and/or the effects of reinforcement from coherent sounds or tones from
the turbines these should be identified and other means used to adjust the model's
output to account for these factors. These results may be displayed as a contour
map of the predicted levels, but should also include a table showing the predicted
levels at noise-sensitive receptor sites and residences within the model's
boundaries. The predicted values must include dBA and dBC values but shall also
include un-weighted octave band sound pressure levels from 8 Hz to 10k Hz in
data tables.
The Town will refer the applicant's information and sound studies to the Town
engineer (if qualihed in acoustics) or an Qualified Independent Acoustical
Consultant for review and a determination whether the proposed WES will, based
on pre-licensing studies and sound modeling, comply with the sound limits set
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forth in this Ordinance.
2.
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Independent Pre-licensing Sound Modeling. In any case in which a WES is
located within one mile of a sensitive receptor the Town shall, and in other cases
the Town may, require the preparation of an independent preconstruction noise
study for each proposed Wind Turbine location conducted by a Qualified
Independent Acoustical Consultant, in accordance with the procedures provided
in this section and in the Appendix showing background dBA and dBC sound
levels (L90 (10min)) over one or more valid ten (10) minute continuous
measurement periods. The preconstruction baseline studies shall be conducted by
an Independent Qualified Acoustical Consultant selected by the Town. The
Qualified Independent Acoustical Consultant shall be selected and retained by the
Town. The applicant shall be responsible for paying the Independent Qualified
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Acoustical Consultant's fees and all costs associated with conducting the study.
The applicant shall provide financial security and reimburse the Town for the cost
of the study in accordance with section20.07 of this ordinance.
J.
Sound Limits. No license shall be issued unless the preJicensing information and
sound modeling shows that the proposed WES will comply with the following
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sound limits and requirements.
a.
Audible Sound Limit
(l) No WTi or WES shall be located so as to cause an exceedance of
the preconstruction/operation background sound levels by more
than 5 dBA. The background sound levels shall be the L90A sound
descriptor measured during a preconstruction noise study during
the quietest time of night (1Opm until4am). All data sampling shall
be one or more contiguous ten (10) minute measurements. L90A
results are valid when L10A results are no more than 10 dBA
above L90A for the same time period and Ll0C less L90C is no
more than 15 dBC. Noise sensitive sites are to be selected based on
wind development's predicted worst-case sound emissions (in
LeqA and LeqC) which are to be provided by Applicant.
(2) Test sites are to be located along the property line(s) of the
receiving nonparticipating parcels.
(3)
b.
A 5 dB penalty is applied for tones
as defined
in IEC 61400-11.
Low Frequency Sound Limit
The LeqC and L90C sound levels from the wind turbine at the receiving
property shall not exceed the lower of either:
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(1) LeqC-L904 greater than2} dB outside any occupied structure, or
(2) A maximum not-to-exceed sound level of 50 dBC (L90C) from the
wind turbines without contribution from other ambient sounds for
properties located one mile or more away from state highways orother major roads or 55 dBC (L90C) for properties closer than one
mile from a state highway or other major road.
These limits shall be assessed using the same nighttime and wind/weather
conditions required in section 20.06(a)3.a.(1). Turbine operating sound
emissions shall represent worst case sound emissions for stable nighttime
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conditions with low winds at ground level and winds sufficient for full
operating capacity at the hub.
c.
General Standard
Not to exceed 35 dBAr-"q l0min. within 100 feet of any occupied structure.
4.
Sound Study and Measurement Requirements.
a. All
b. Procedures must meet ANSI 512.9 Part 3 including the addendum in the
Appendix to this document. Where there are differences befween the
procedures and definitions of this document and ANSI standards the
procedures and definitions of this document shall be applied. Where a
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standard's requirements may conflict with other standards the most
stringent requirement shall apply.
c. Measurements for background sound levels shall be made when ground
level winds ge 2 mls (4.5 mph) or less with wind speeds at the hub at or
above nominal operating requirements and for other tests when ground
level winds are 4 m/s (9 mph). Weather in the night often results in low
ground level wind speed and nominal operating wind speeds at wind
turbine hub heights.
d. IEC 61400-11 procedures are not suitable for enforcement of
instruments must meet ANSI or IEC Type 1 Precision integrating
sound level meter performance specifications.
these
requirements except for the presence of tones.
5.
P o s t c ons truc ti on S ound Me asur ement s.
Within twelve months after the date when the project is fully operational, and
within four weeks of the anniversary date of the pre-construction background
noise measurements, the Licensee shall repeat the existirig sound environment
measurements taken before the project approval. Post-construction sound level
measurements shall be taken both with all WES's running and with all WES's off.
At the discretion of the Town, the preconstruction background sound levels
(L904) can be substituted for the "all WES off' tests if a random sampling of
l0%o of the pre-construction study sites shows that background L90A and C
conditions have not changed more than +/- 5 dB (dBA and dBC) measured under
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the preconstruction nighttime meteorological conditions. The post-construction
measurements shall be reported to the Town (and available for public review)
using the same format as used for the preconstruction sound studies. Post-
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construction noise studies shall be conducted by a firm chosen by the Town. Costs
of these studies shall be reimbursed by the Licensee. The security required by
section 20.07(c) shall include these costs. The Licensee's consultant may observe
the Town's consultant. The WES Licensee shall provide all technical information
and wind farm data required by the Independent Qualified Acoustical Consultant
before, during, and/or after any acoustical studies required by this document and
for local area acoustical measurements.
(b)
Site Plan and Set-Back Requirements.
1.
An application for a WESF License shall include a site
following information and meeting the following
Site Plan Requirements.
plan containing the
requirements:
a. The boundaries of all Project Parcels and Participating Parcels.
b. The boundaries of all Non-Participating Parcels located within 2,640 feet
ofany boundary ofa Project Parcel.
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c. The names, addresses and phone numbers of the owners of all Project
Parcels, Participating Parcels, and Non-Participating Parcels located
within 2,640 feet of any boundary of a Project Parcel.
d. An aerial photo showing all Project Parcels, Participating Parcels, and
Non-Participating Parcels located within 2,640 feet of any boundary of a
Project Parcel.
e. Existing zoning ofeach Project Parcel and all required zoning setbacks on
each Project Parcel.
f. The proposed location
g. The location and description of all structures located on Project Parcels,
Participating Parcels, and any Non-Participating Parcel located within
2,640 feet of any boundary of a Project Parcel.
h. The location of all above-ground utility lines, telephone lines, and railroad
rights-of-way located within 1000 feet of, or three times the total height of
a proposed V/ind Turbine, whichever is greater.
components of the proposed WESF,
including but not limited to the wind turbine, tower, access roads, control
facilities, meteorological towers, maintenance and all power collection and
transmission systems.
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i. The location of all public roads located within 1000 feet of, or three times
the total height of a proposed Wind Turbine, whichever is greater.
j. Dimensional representation and sizes of the structural components of the
tower construction including the base, footings, tower, and blades.k. The distance between each WES tower and each of the following shall be
shown on the site plan: structures on all Project Parcels and Participating
Parcels; structures on all Non-Participating Parcels located within 2,640
feet of any boundary of a Project Parcel; above ground utility lines,
telephone lines, railroad rights of way, and public roads located within
1000 feet or three times the total height of any proposed V/ind Turbine,
whichever is greater.
l. Schematic of electrical systems associated with the proposed WESF
including all existing and proposed electrical connections.
m. Manufacturer's specifications and installation and operation instructions.
n. The size and scale of the site plan shall be as determined by the Town
engineer. The scale map shall include a north atrow, the date, the scale,
and reference to a section comer'
o. The site plan shall include such additional information as the Town
engineer or Town Board may require.
2.
Set-Back Requirements. A WESF shall comply with the following set-back
requirements, which shall apply in addition to the siting requirements in section
20.06(a).
a.
All
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parts
of a
WESF shall comply with
all
applicable set-back
requirements in the Town's zoning ordinance.
b. Each V/ind Turbine shall be set back at least 1,000 feet and at least five
times the rotor diameter from the property line of any Non-Participating
Parcel.
c. Each Wind Turbine shall be set back not less than the greater of 1,000 feet
or three times the total height of the Wind Turbine from any public road.
d. Each Wind Turbine shall be set back not less than the greater of 1,000 feet
or three times the total height of the V/ind Turbine from any above-ground
electric power line, telephone line, or railroad right-of-way, except that a
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lesser setback shall be permitted
writing approved by the Town.
if
the utility or railroad agrees in
a
e. f.
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(c)
Each Wind Turbine shall be set back not less Ihan 2,640 feet from any
residence, business, school, daycare facility, church, hospital, or other
occupied structure on any Non-Participating Parcel.Each Wind Turbine shall be set back not less than 1,000 feet from any
residence, business, school, daycare facility, church, hospital, or other
occupied structure, including on any Participating Parcel or Project Parcel'
RoadlUse andlRisk Assessment Plan and Road Impact Requifements.
l.
An application for a WESF License shall include a road use and risk assessment
plan ontaining the following information and meeting the following
requirements:
description and map of all public roads in the Town to be used in
connectin with the construction of the WESF, including a description of
how and when such roads will be used in connection with the construction
of the WESF.
a. A
b. A
c. A
description of the type and length of vehicles and type, weight and
length of loads to be conveyed on all public roads in the Town.
complete assessment of the proposed use of roads in the Town in
r..iiotr with the construction of the WESF, including the adequacy of
"on
turning radii; the ability of the roads to sustain loads without damage; the
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need io remove (permanently or temporarily) signs, trees, utilities, or
anything else; any reasonably foreseeable damage to roads or other
property; any reasonably foreseeable costs the Town may incur in
connection with the use of roads in the Town, including but not limited to
costs relating to traffic control, public safety, or damage to roads or
ProPertY.
d. A traffic control and safety plan relating to the use of roads in the Town in
connection with the construction of the WESF.
e. Any additional information the Town may request relating to the use of
roads in the Town in connection with the V/ESF.
2.
The Town will evaluate the road use and risk assessment plan with assistance
from such consultants it deems appropriate. The Town may document the
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condition of all roads to be used in connection with the construction of the WESF
in such manner as it deems appropriate. The Town may require changes to the
road use and risk assessment plan it deems appropriate to protect public safety, to
protect Town roads, and to address anticipated costs to the Town associated with
applicant's use of roads in the Town.
3.
(d)
The Town may require the applicant to enter into an agreement relating to the use
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of roads in the Town. The Town may require the applicant to provide a deposit or
letter of credit in an amount the Town determines appropriate to secure any
obligations under the agreement, including but not limited to any obligation
relating to alterations or improvements to roads needed in connection withapplicant's use of roads in the Town, and the reimbursement of the Town for any
costs the road use and risk assessment indicates the Town may incur in
connection with applicant's use of the roads in the Town.
Desiqn Plan and Design Requirements.
License shall include a design plan containing the
information and meeting the requirements in this section. Each V/ind Turbine shall
consist of a tower, generator(s), nacelle and blades. The total height of a Wind Turbine
shall not exceed 400 feet above grade. Each WESF must have access roads, underground
transmission cabling to connect the generators to utility electric distribution lines, and
underground communication lines. The design plan shall describe the nature and type of
the Wind Turbines proposed to be installed. Manufacturer's specifications and
installation and operation instructions shall be included. Each Wind Turbine shall
comply with the following requirements:
An application for a WESF
1. Wind Turbines shall be painted a non-reflective, non-obtrusive color.
2. The design of the buildings shall, to the extentreasonably feasible, use materials,
colors, textures, screening and landscaping that will blend with and be compatible
with the natural setting and the existing environment.
3. Wind Turbines shall not be artificially lighted, except to the extent required by
law, and strobe or other intermittent lights are prohibited unless required by law.
4. No advertising or display shall be permitted, other than reasonable identification
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of the manufacturer or operator of the V/ind Turbines or WESF.
5. Electrical controls and control wiring and power-lines must be wireless or below
ground, except where wind farm collector wiring is brought together for
connection to the transmission or distribution network, adjacent to that network.
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6.
The clearance between the ground and the Wind Turbine blades shall be not less
than 75 feet.
(e) Aircraft Protection Requirements. An application for a V/ESF License shall include a
statement from the Federal Aviation Administration that the proposed WESF will not
pose a hazard. to aircraft, and a statement from the Wisconsin Department of
Transportation that the proposed WESF complies with V/is. Admin. Code $ Trans 56.
( Blasting Plan and Requirements. An application for a V/ESF License shall include a
blasting plan containing the information and meeting the requirements in this section.
The blasting plan shall comply with all requirements under Wisconsin law governing
blasting, including ground vibration limits. The plan shall require that flyrock traveling
in the air or along the ground shall remain in the controlled blasting area site owned or
controlled by the applicant. All blasting must be performed by or under the direct
supervision of a state-licensed blaster. A blasting log for each blast shall be kept by the
applicant for not less than 5 years, and copies of the required blasting log shall be
promptly submitted to the Town upon the Town's request. A resident call list shall be
established for the purpose of notifuing neighbors at homes in the vicinity of the WESF
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of blasting activity. The call list shall be maintained and used on a request basis only for
all residents in the vicinity of the WESF who ask to be notified before any blast.
Explosives shall be stored in accordance with V/is. Admin. Code Ch. Comm. 7.
(g) Microwave Beam Study and Requirements. An application for a WESF License shallinclude a microwave beam study and electromagnetic interference mitigation plan. All
Wind Towers shall be sited in accordance with the findings of the microwave beam study
and electromagnetic interference mitigation plan. The applicant shall mitigate any
electromagnetic interference such as to radio or television.
(h) Shadow Flicker and Blade Glint Assessment and Requirements. Shadow flicker occurs
when the blades of a Wind Turbine pass between the sun and an observer, casting a
readily observable, moving shadow on the observer and his or her immediate
environment. An application for a WESF License shall include a detailed shadow flicker
and blade glint assessment model and plan containing the following information and
meeting the following requirements.
1. The model shall be prepared by a registered professional regularly engaged in this
type of work with not less than three years experience.
2. The model study area will examine areas where shadow flicker
a one mile radius of the Project Parcels.
3. The model will be calculated using the following minimum inputs:
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will occur within
a.
b.
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c.
d.
e.
f.
4.
Turbine locations (proposed and existing)
Shadow flicker receptor locations
Existing topography (elevation contours and vegetation)
Rotor diameter and hub height
Joint wind speed and direction distribution (wind rose table)
Hours of sunshine (long term monthly references)
existing occupied structures, structures permitted for construction and
roadways shall be identified within the model as receptors. Each individual
receptor that is a residential parcel shall be dehned by the perimeter of the
building plus an additional 100 foot boundary around the building. Schools,
churches, and other public building receptors shall be defined by the entire
All
outdoor area routinely utilized in their operation.
5.
The model may be prepared by use of current aerial photography and
topographical maps. A site visit by the preparer is required to identify receptors
and verify the existing conditions.
6. The model shall calculate the locations and durations of shadow flicker caused by
the proposed WESF within the study area. The model shall clearly indicate the
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duration of shadow flicker at each receptor and across the entire study area
showing the total number of hours per year anticipated.
7. Wind Turbines shall be sited such that shadow flicker will not fall on a receptor,
except that shadow flicker expected to fall on a roadway or a residential parcelmay shall be acceptable if all of the following conditions are satisfied:
a.
b.
c.
d.
8.
9.
The flicker will not exceed l0 hours per year at any one receptor measured
as the sum of those times during which shadow flicker occurs during any
calendar year.
The flicker will fall more than 100 feet from all existing or permitted
residences.
The traffic volumes are less than 500 vehicles per day on the affected
roadway.
The flicker will not fall onto an intersection.
Problem zones where shadow flicker will interfere with existing and future
receptors and which is not allowable under this section shall be identified, and
measures to mitigate problems shall be described, including but not limited to
siting changes, operational procedures, grading or landscaping.
Blade glint, defined as the intermittent reflection of the sun off the surface of the
blades of a Wind Turbine, is prohibited. The applicant shall submit a paint
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of the proposed surface
coating. The applicant shall also submit a certification by the manufacturer
stating that the proposed surface coating will not create a reflective surface
sample that demonstrates the color, texture and gloss
conducive to blade glint.
(D
Sign Plan and Sisn Requirements. An application for a WESF License shall include a
sign plan meeting the requirements in this section.
l. The plan shall provide reasonable signage at the WESF, identifuing the Project
Parcels as being part of the WESF and providing appropriate safety notices and
warnings about trespassing. The no trespassing signs shall be posted as follows:
one on each side of each Wind Turbine, and one at the beginning of each access
drive to the V/ESF. Signs shall be sized at a minimum to meet the provisions of
Wis. Stat. $ 943.13(2).
2. No advertising material or signage other than warning, equipment information or
indicia of ownership shall be allowed on the Wind Turbines. This prohibition
shall include the attachment of any flag, decorative sign, streamers, pennants,
ribbons, spinners or waving, fluttering or revolving devices, but not including
weather devices.
3.
The WESF licensee's address and phone number shall be posted on each Wind
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Turbine.
)
Stray Voltage Assessment and Requirements.
1.An application for a WESF License shall include reports of stray voltage analyses
in accordance with this section. The applicant shall conduct and include a report
of a preconstruction stray voltage test on all livestock facilities located within a
one-mile radius of the Project Parcels. The tests shall be performed by a
Wisconsin certified stray voltage investigator approved by the Town. The tests
shall be performed according to PSCW Phase II Stray Voltage Testing Protocol.
A report of the tests shall be provided with the WESF License application and
shall be provided to the owners of all property included in the study area.
Applicant shall seek written permission from property owners prior to conducting
testing on such owners' property. Applicant shall not be required to perform
testing on property where the owners have refused to grant permission to conduct
the testing.
2.
Following construction
of the WESF, the applicant shall conduct a post-
construction stray voltage test on all livestock facilities located within a one-mile
radius of the Project Parcels. The tests shall be performed by a Wisconsin
certified stray voltage investigator approved by the Town. The tests shall be
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performed according to PSCW Phase II Stray Voltage Testing Protocol. A report
of the tests shall be provided to the Town and to the owners of all property
included in the study area. Applicant shall seek written permission from property
owners prior to conducting testing on private property. Applicant shall not be
required to perform testing on property where the owners have refused to grant
permission to conduct the testing.
(k)
Security Plan and Requirements. An application for a WESF License shall include a
security plan that contains the information and meets the requirements in this section.
l.
All wiring between the Wind Turbines and substations shall be installed not
less
than four feet underground.
2. The outside of Wind Turbines shall not be climbable.
3. All
4. Warning signs shall be placed on each tower, all electrical equipment, and each
entrance to the V/ESF.
5. The WESF Licensee shall, in addition to randomized two-token authentication for
Internet protection, adopt and maintain physical security protocols including locks
and remote intrusion monitoring.
access doors to the towers and electrical equipment shall be locked.
(l) Fire Prevention and Emergency Response Plan and Requirements. An application for a
WESF License shall include a fire prevention and emergency response plan containing
the information and meeting the requirements in this section. The plan shall describe the
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potential fire and emergency scenarios that may require a response from fire, emergency
medical services, police or other emergency responders. The plan shall designate the
specific agencies that would respond to potential fire or other emergencies, shall describe
all emergency response training and equipment needed to respond to a fire or otheremergency, shall include an assessment of the training and equipment available to the
designated agencies, and shall provide for any special training or emergency response
equipment that the designated agencies need to use in responding to a potential fire or
other emergency at applicant's cost.
(m) Emergency Shutdown Plan and Requirements. An application for a WESF License shall
include an emergency shutdown plan. The plan shall describe the circumstances under
which an emergency shutdown may be required to protect public safety, and shall
describe the procedures that the Town and the WESF Licensee will follow in the event an
emergency shutdown is required.
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Decomrnissioning and Site Restoration Plan and Requirements. An application for a
WpSf License shall include a decommissioning and site restoration plan containing the
information and meeting the requirements in this section.
(n)
1. The plan shall provide for the removal from the Project Parcels, and lawful
disposal or disposition of, all Wind Turbines and other structures, hazardous
materials, electrical facilities, and all foundations to a depth of not less than
42 inches below grade. The plan shall provide for the removal of all access roads
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that the owner of the Project Parcels wants removed. The plan shall provide for
the restoration of the Project Parcels to farmland of similar condition to that
which existed before construction of the WESF'
2. The plan shall provide for the decommissioning of the site upon the expiration or
revocation of the WESF License, or upon the abandonment of the WESF. The
V/ESF shall be deemed abandoned if its operation is ceased for 12 consecutive
months.
3. The plan shall include provisions for financial security to secure completion of
decommissioning and site restoration, in form and amount satisfactory to the
Town. A letter of credit, cash on deposit with the Town, or cash held in escrow
pursuant to an agreement acceptable to the Town, shall be acceptable security.
the amount of the financial security shall be equal to the estimated cost of
completing the decommissioning and site restoration in accordance with the
approved plan, as approved by the Town.
4. The plan shall include written authorization from the WESF Licensee and all
owners of all Project Parcels for the Town to access the Project Parcels and
implement the decommissioning and site restoration plan, in the event the WESF
Licensee fails to implement the plan. The written authorization shall be in a form
approved by the Town.
20.07 CONSTRUCTION, OPERATION, MAINTENANCE, AMENDMENTS, AND
MISCELLANEOUS REQUIREMENTS
(a) A WESF shall be constructed,
operated, and maintained in accordance with the plans
required under section 20.06 as approved by the Town, with the WESF License, with the
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WESF Agreement, and with this Ordinance. Where a standard or requirement is not
provided by either this Ordinance, the WESF License or the WESF Agreement, the
WESF Licensee shall comply with Good Utility Practice.
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